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the selected contractor and any subcontractor provides to the COUNTY a certificate of worker's compensation
<br /> insurance with a limit of $ 100 ,000 for each accident, $500,000 disease (policy limit) and $ 100,000 disease
<br /> (each employee) in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall
<br /> provide to the COUNTY at least thirty (30) days ' written notice by registered mail, return receipt requested,
<br /> addressed to the COUNTY ' s risk manager, prior to cancellation or modification of any required insurance.
<br /> The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY' s officers, employees
<br /> and agents, from and against any and all claims for damages, costs, third parry claims , judgments, and expense
<br /> to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or
<br /> from any act or omission of any representative, agent, client, and/or employee of DEVELOPER, and
<br /> DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered
<br /> in connection therewith, including attorney fees . DEVELOPER shall indemnify the COUNTY against any
<br /> claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection
<br /> with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or
<br /> character whatsoever against the COUNTY for damages that it may suffer by reason of the installation,
<br /> construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether
<br /> presently in place or which may in the future be constructed or installed, including but not limited to, any water
<br /> and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is due to flooding,
<br /> infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes , or from any
<br /> other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of
<br /> DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or
<br /> character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to
<br /> defend any and all suits , claims , and causes of action brought against the COUNTY arising out of or in
<br /> connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or
<br /> judgments, including attorney fees , that may be rendered against the COUNTY or against the COUNTY ' s
<br /> officers, employees or agents in connection therewith.
<br /> 14 . Payments and Performance Bond :
<br /> The DEVLOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent ofthe total
<br /> amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid, subject to
<br /> COUNTY's approval, as security for the faithful performance of all of the contractor's obligations under the
<br /> contract documents . At the COUNTY' s sole discretion, the COUNTY may accept a Letter of Credit, drawn on
<br /> a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond.
<br /> 15 . Maintenance Bond :
<br /> The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to
<br /> INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by a
<br /> reputable surety company authorized to do business in the State of Florida, for a period of one year after the
<br /> COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the
<br /> total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may
<br /> accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
<br /> Florida, in lieu of a surety bond.
<br /> 16 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
<br /> collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
<br /> account for more than one such counterpart executed by the party to be charged.
<br /> 17 . Permits :
<br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for
<br /> the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
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<br /> 1`JESSICAXODOCUNUNTS AND SEITINGSWRNEJ014MY DOCUNO N"MW DOCUNENTSISPECSIDEVEL AGREE\02-121B TE 4P.DOC
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